Site terms, conditions and notices

1. OVERVIEW

The information provided below (hereinafter referred to as Terms and Conditions) details the basic rules that govern your use of our site, including online sales and/or reservations (hereinafter referred to as Service) of clothing and accessories (hereinafter referred to as Products for pages listing multiple items and Product for pages listing individual items), which have been made available for sale by the company FAST MODA, S.L. (hereinafter referred to as GALLERY) through the website www.gallery-shop.co.uk (hereinafter referred to as Platform).

The Terms and Conditions give detailed information, which has been established for each product, whether the platform user (hereinafter referred to jointly as Clients or individually as Client) has selected them as an online purchase or a reservation (hereinafter refered to respectively as an Order Form and Reservation Form). The Terms and Conditions also give additional information relative to the orders or reservations received by GALLERY (hereinafter referred to respectively as an Order Conformation and Reservation Conformation).

2. LEGAL INFORMATION – TERMS & CONDITIONS

Customers should read the site Terms and Conditions attentively when filling out and sending in Order Forms or Reservation Forms. Please note that filling out and sending in the above forms constitutes your agreement to follow and be bound to each Term and Condition. When submitting an Order or Reservation Form, the client will be asked to electronically accept the Terms and Conditions as well as the Terms and Conditions established for each selected product and GALLERY’S Privacy Policy and Cookies (hereinafter referred to as Privacy Policy and Cookies). Once a client has sent in their Order Form or Reservation From for a specific product they will be bound to the Terms and Conditions, Privacy Policy and Cookies that were present at the moment the above forms were sent in.

If you do not agree with the Terms and Conditions and/or the Privacy Policy and Cookies, please do not use this site.

3. INTERNET USE

1.The customer declares that he/she is of legal age and has the legal capacity to be bound by this agreement and to use this platform in compliance with its established Terms and Conditions, which he/she understands and acknowledges in full.

2.By accessing and using the services provided by this platform, placing orders or reserving products, the client automatically accedes to the following terms:

(a)Using the platform in accordance with applicable Andorran legislation.

(b)Not to infringe upon the rights of GALLERY, its suppliers or other third paries, including proprietary, intellectual, industrial or any similar rights.

(c)Not to fill out forms with erroneous or fraudulent information. In the event that GALLERY can prove that the client has made a false or fraudulent order GALLERY reserves the right to cancel the order and inform the authorities.

(d)To provide your correct email address, personal contact and credit card information. If any of this information changes, contact GALLERY by telephone at +376 810 950or by email at contact@gallery.ad.

(e)In accordance with the terms of the Privacy Policy and Cookies, whose terms the client has consented to electronically, GALLERY may use the client’s data to send advertising and information about the platform and its products.

(f)To use the platform solely for the purpose of conducting searches or making valid orders from a legal point of view.

3.GALLERY offers a management service through the platform that allows the client to make purchases or reserve the products that he/she selects. Purchasing or reserving products on this platform entails the client to fill out an Order Form or a Reservation Form, which is sent to GALLERY. Completing and sending in one of these above forms binds you to finalize your payment, requiring GALLERY to make a confirmation of this payment.

4. PURCHASE AGREEMENT PREAMBLE

As a general rule, the products on the platform are available for purchase only. With the exception of products that have not been approved by the seller for online sale, such items are available for reservation only.

Regarding the application of the provisions of Andorran legislation on consumer protection and use of the digital space, GALLERY informs customers of the following:

1. The procedures for accepting the Sales Contract for products are as follows:

(a) The client must select the “Add to cart” button on the product page of interest.

(b) Once the client has selected the product(s) he/she wants to purchase they will be added to his/her cart.

(c) To process the Order Form complete the following steps in consecutive order: click the button (1) “My cart” (2) “Proceed to checkout” and after following the instructions prompted by the platform (3) “Place your order.”

(d) The client must review and confirm the Order Form and verify that they have given their correct contact information (including his/her first and last name, phone number and email address), order details and their billing and shipping addresses.

(e) The client must enter their credit card information as requested by GALLERY.

(f) The Sales Contact for the product(s) is considered complete upon the client’s reception of the Order Confirmation for his/her purchase.

2. The procedures for accepting the Reservation Contract for products are as follows:

(a) The client must click on the “Reserve” button that is present on the page of the product(s) he/she is interested in purchasing.

(b) Once the client has selected the product(s) he/she wishes to reserve, they will be added to their cart.

(c) To process the Reservation Form complete the following steps in consecutive order: click the button (1) “My cart” (2) “Finalize my reservation” and after following the instructions prompted by the platform (3) “Place my reservation” by paying 50% of the product(s) total cost.

(d)The client must review and confirm the Reservation Form and verify that they have given their correct contact information (including his/her first and last name, phone number and email address) and order details.

(e)In accordance with the Reservation Terms and Conditions, the client must go in person to GALLERY in order to finalize the transation and receive their reserved product(s).

The reservation option is only available for products that are not available for online purchase.

Once the client has received their Order Form or Reservation Form by email, they will be able to review it for any errors. In the case that the client finds an error in the data submitted in their Order or Reservation Form, he/she must contact GALLERY by email at the following address contact@gallery.ad.

3.GALLERY will keep all documentation, data and information relating to each Sales Contract or Product Reservation on file for a period of 5 years. Within this 5-year period, the client may request a copy of these documents by sending a written request to GALLERY at the following email address contact@gallery.ad.

5. CONTRACT

The information present in the Terms and Conditions and on the platform does not constitute a sales offer on behalf of the company but an invitation for the client to use the service to acquire the products.

The Sales Contract between GALLERY and the client is binding once GALLERY has confirmed the client’s sale or reservation by sending them an Order or Reservation confirmation.

In the event that GALLERY declines an Order or Reservation Form after the client’s credit card has been debited, said credit card will immediately be re-credited in full.

6. THE FORMS

The Purchase Orders are only sent electronically by the platform, using the electronic media available.

In accordance with the legal provisions, the client must provide all of the information GALLERY needs to complete the order.

Once GALLERY has accepted the Purchase Order and confirmed the payment, GALLERY will send you the receipt to the email address indicated on the Purchase Order. The client will no longer be able to cancel the order once the payment transaction has been completed. However once the client has received their order they will be able to return the purchased product(s). For further information please refer to section 12.2 which details the procedure which must be followed if you wish to return an order or contact Customer Service (available Monday – Friday from 10AM – 5PM, by telephone at +376 810 950or by email contact@gallery.ad).

It is important to note that the Sales Contract between GALLERY and the client is binding once GALLERY sends the client its invoice.

In addition, in the event that a payment problem arises upon reception of the Order From, GALLERY will immediately inform the client by email so that they can attempt to re-purchase the product(s).

1.ORDER FORMS

The Order Forms are only sent electronically by the platform, using the electronic media available.

In accordance with the legal provisions, the client must provide all of the information GALLERY needs to complete the order.

Once GALLERY has accepted the Purchase Order and confirmed the payment, GALLERY will send you the receipt to the email address indicated on the Purchase Order. The client will no longer be able to cancel the order once the payment transaction has been completed. However once the client has received their order they will be able to return the purchased product(s). For further information please refer to section 12.2 which details the procedure which must be followed if you wish to return an order or contact Customer Service (available Monday – Friday from 10AM – 5PM, by telephone at +376 810 950or by email contact@gallery.ad).

It is important to note that the Sales Contract between GALLERY and the client is binding once GALLERY sends the client its invoice.

In addition, in the event that a payment problem arises upon receipt of the Order From, GALLERY will immediately inform the client by email so that they can attempt to re-purchase the product(s).

2.RESERVATION FORMS

The Reservation Forms are only sent electronically by the platform, using the electronic media available.

In accordance with the legal provisions, the client must provide all of the information GALLERY needs to complete the reservation.

In accordance with the Terms and Conditions sent by email for the selected product(s), once GALLERY has sent the Reservation Confirmation, the client must go to the Gallery boutique to pick-up the reserved product(s). GALLERY will provide the client with a receipt once the client has paid the full amount of the product(s) in-store.

7. AVAILABILITY

All Order Forms and Reservation Forms are subject to the availability of the products in question.

In the event that the selected product(s) is no longer available upon reception of the Order or Reservation Forms, GALLERY will contact the client by email immediately and send them information about product(s) that are similar to the desired product(s) that is no longer available. In the event that the client would like to purchase or reserve said proposed product(s) they must fill out another Order or Reservation Form corresponding to the proposed product(s).

8. PRICE AND METHOD OF PAYMENT

1. PRICING

The final full price of the product(s) selected by the client with the corresponding allocations will appear once the client has chosen the product(s) he/she has decided to buy and before the client is contracted or obligated to pay. This price will include the total amount of the selected product(s), including shipping costs and applicable taxes.

For reserved products, once GALLERY has received the Reservation From GALLERY will send the client the price due for reserving said product(s) in accordance with the Terms and Conditions corresponding to the product(s) selected.

2.METHOD OF PAYMENT

(a)Method of payment for online purchases

The amount due for completing a purchase can be paid by credit card only.

Payment by credit card will be sent directly by the issuer or, where appropriate, by the concerned credit company. When the Order Cofirmation is sent to the client their credit card will be simultaneously debited for the amount due.

Given the unpredictability of technology and the online environment, GALLERY declines any responsibility in the event that a third party steals the information and data that the client provides while completing an online purchase with a credit card.

In the event that a malicious or fraudulent purchase is made using an unauthorized credit card, the cardholder has the right to cancel the order and request the cancellation for the amount debited in accordance with their credit card’s insurance as well as the guarantee conditions set forth by the institution issuing and/or the institution responsible for the credit card. In the event that such situations occur, monetary exchanges between GALLERY and the cardholder’s accounts must be made as soon as possible. A client who unduly requests the cancellation of their credit card charge after completing a purchase will be held responsible for repairing all damages caused to GALLERY.

(b)Method of payment for reserved poducts

Reserved products must be picked up at our GALLERY warehouses. The client will receive their reserved product(s) once they have paid the remaining 50% balance which is due. The payment methods available for paying this balance are the same as those offered in-store at the GALLERY boutique.

2.FEES & TAXES

(a)Online product sales

In addition to paying for the select product(s), the client must also pay for the packaging, shipping costs and the current tax rates. The corresponding prices will be listed on the platform and will be included in the total amount that the client will pay when completing the order.

(b)Reserving products

In the case of a reserved product, the General Indirect Tax (IGI) will be added to the price of the product(s) that the client must pay. These taxes will be clearly indicated on the Reservation Terms and Conditions and will be included in the total amount indicated on the Reservation Confirmation.

9. SHIPPING

(a) Shipping products purchased online

1. Delivery time

The estimated delivery time is indicated by the platform on the Order Form and/or on the Order Confirmation provided for each product. If no delivery information is provided, the delivery time is estimated to be 7 business days counting from the moment GALLERY sends the Order Confirmation. Given that the order will be shipped from Andorra, delivery times may vary according to the destination and GALLERY cannot be held responsible.

If for any reason GALLERY cannot honor the delivery of a product for which it is committed, the client will be informed by email and GALLERY will offer either another delivery date or the cancellation of the order with a full refund of the amount paid by the client.

2.DAMAGE/LOSS CLAUSE

The product(s) will be shipped by GALLERY or by a third party on GALLERY’S behalf to the shipping address indicated on the Order Form.

The client assumes the risk of any deterioration or loss of a product(s) from the moment that it has been placed at his/her disposition.

The shipment is considered to be “at his/her disposition” from the moment the shipment reaches the delivery address indicated on the Order Confirmation.

If the customer does not receive his/her order within the aforementioned period, he/she can contact GALLERY by phone at +376 810 950 or by email at contact@gallery.ad.

3.UNSUCCESSFUL DELIVERY

After two unsuccessful attempts to deliver the shipment to the shipping address indicated on the Order Form, GALLERY or a third party representing GALLERY, will send the client a message giving them directions they can follow to ensure the pick-up of their shipment. If the shipment has not been sent to the address indicated 7 buisiness days after the above mentioned message was sent, GALLERY or a third party acting on behalf of GALLERY will consider that the client has exercised his/her right to withdrawal in accordance with clause 11 of the Terms and Conditions.

Any shipment delivered to the shipping address indicated on the Order Form will be considered correctly carried out. If the client makes an error in his/her contact information on the Order Form, he/she is entitled to modify them according to clause 4 of the Terms and Conditions. If the modified shipping address is in accordance with the changes requested by the client and provided that the order has not yet been sent, the shipment will be made to the new address provided by the client. Otherwise, the client will have to wait until the correct address is registered before placing a new order. The client will have to pay all costs incurred by this error. In this event GALLERY will send the amount due to the client.

4. DISCLAIMER OF LIABILITY FOR A PRODUCT SHIPMENT

(a) In accordance with the Terms and Conditions, GALLERY waives the obligation to ship products in the following circumstances:

- The client’s total or partial inability to complete the payment that is due.

- Omission or inaccuracy of the information, which according to the Terms and Conditions, must be correctly indicated on the Order Form.

- In accordance with the provisions indicated below in the Terms and Conditions, in the case of force majeure, GALLERY may put the shipment on hold and contact the client in order to complete the shipment once the force majeure has ended.

(b)Shipping reserved product(s)

Products that have been reserved will be shipped once the total payment for the items has been received.

10. CLICK & COLLECT

GALLERY offers its clients the option to purchase product(s) online for in-store pick-up free of charge. If a client selects this option they must pick-up their product(s) at the GALLERY boutique (Av. Meritxell 61-63, AD500 Andorra la Vella, Principado de Andorra).

In order to use this Click & Collect option, select the “in-store pick-up” option when you are completing your order then fill out your contact information and complete the online payment. When the order is ready in-store, GALLERY will notify you by email. You will need to provide a valid form of identification and proof of purchase in order to pick-up your order.

Once GALLERY has notified the client that their order is available to them for in-store pick-up the client must retrieve their order within 10 business days. If the client has not come to pick up their order within these 10 business days, GALLERY will contact the client.

11. RIGHT TO RETURN PRODUCTS PURCHASED ONLINE

1. RETURN POLICY

In accordance with the current Andorran trade and customer protection legislation, the client can freely exercise his/her right to return their purchased product(s) within 7 business days counting from the day the client receives their order.

GALLERY offers all of its clients a free pick-up service for returning product(s) through the DHL mail service only. The laws present in the client’s country of residence determine the start date for counting the number of business days that have passed. For countries that are part of the European Union, the return must be made within 14 business days counting from the day the client received their order.

Returns will only be accepted if they are sent back from the country in which the purchase was made.

2. RETURN FORM

As stipulated by the law, the right of return does not require the client to fill out a form or state their reasons for returing said product(s).

The client will not be subject to penalties by exercising their right of return. However the client will be required to pay all return shipping fees in full in the event that they opt not to use the free return shipping option by using DHL.

In order to speed up the return procedure, the client should fill out the (RETURN FORM) provided by GALLERY and send it by mail with a copy of the Order Confirmation within the aforementioned 7 business day period (or 14-day period) to the address indicated.

Return procedure:

Repack item(s) in their original packaging

Once you have received confirmation for your return and a return label by email print both documents.

Print the Return Form.

Print the shipping invoice and the return label and attach it to your package.

DHL will pick up the package (including the invoice and return label) from your house and ship it back to Gallery.

The Return Form (or in certain cases, all aforementioned documents supporting the client’s right to exercise his/her right of return) must be sent back to the address indicated on the document and returned with the product(s). Our standard right of return is subject to the following conditions: (1) the product(s) must be returned in their original packaging with all of its components and original labels (2) a copy of the Order Confirmation and/or invoice, which GALLERY sent to the client.

The client accepts any responsibility for the loss, deterioration or any other damage to the product(s) being returned.

In all instances, the client must prove that he/she exercised their right of return within the aforementioned time period.

3. SECURITY SEAL

GALLERY’S products that have security seals must be returned with this seal intact and attached to the article(s) in the place they where found upon reception.

12. EXCHANGES

In the event that the client wishes to exchange their product(s), they must ship their return item(s) back to GALLERY then place a new order. In accordance with its return policy, GALLERY will give the client a refund for the returned product(s), with the exception of shipping costs.

13. AVAILABILITY OF SERVICES

The articles listed for sale on the platform can be shipped anywhere in the world, except for restrictions expressly stated on the GALLERY platform and/or the supplier and/or the manufacturer of the article in question.

14. PROCESSING PERSONAL INFORMATION

GALLERY notifies its clients that the personal information they provide GALLERY on their Order or Reservation Form as well as any information that facilitates the relationship between the client and GALLERY will be processed and integrated into GALLERY’S files. GALLERY is responsible for these files, in accordance with the aforementioned Terms and Conditions and Cookie Pricacy Policy.

In accordance with the applicable standards and the Cookie Privacy Policy, the client may exercise his/her rights to access, delete, modify and oppose their personal information. The client may refuse publicity emails sent to them by GALLERY by sending them a letter to the following address: contact@gallery.ad. In order to exercise these rights, GALLERY may ask the client to send them a copy of their valid passport or identification card.

15. PRIVACY POLICY & COOKIES

We use Cookies and other similar technologies to better understand your use of our website www.gallery-shop.co.uk so that we may continue to refine and improve our website and your experience on it. When you visit our website for the first time, a pop-up appears at the bottom of the page, giving you information about how GALLERY uses Cookies. You agree to the use of these Cookies by continuing to use our platform. We use Cookies on different pages to improve our visibility on the web and to help us perform certain functions. Cookies are text files that are stored on your device that collect information about your web browsing behavior, allowing us to provide you with information that is specific to your interests. Most of the Cookies we use are automatically deleted from your hard drive when you log off from your browser (session cookies).

16. CUSTOMER SERVICE

1. ORDER OR RESERVATION FORMS AND AFTER-SALES SERVICES

Clients can contact GALLERY in reference to an order, reservation or after-sales services by mail, email or, when indicated in the Terms and Conditions, by telephone.

When sending a letter in the mail or an email to GALLERY please include the following in either the beginning of the postal address or in the email’s subject:

In all cases, the address that the client gives when filling out their Order or Reservation Form or, in accordance with the Terms and Conditions, an address that has been modified, will be considered to be the client’s address. This address will be considered to have been correctly transmitted by the client and will be used to contact the client concerning Order or Reservation Confirmations. However if the client has changed addresses a processing time of one business day must be taken into consideration.

2. COMPLAINTS AND OTHER INQUIRIES

The client may submit any complaints or other inquiries by mail or email to the addresses indicated in the above clause (16.1). The client can also file a formal complaint to the Andorran Government’s trade and consumption department by filling out the following form http://www.comerc.ad/images/stories/PDFs/reclamacio_consum.pdf.

This document must be hand delivered to the fifth floor of the Prat del Rull building located on Grau Street, Andorra la Vella

17. RESPONSIBILITY

1. RESPONSIBILITY

Unless otherwise specified in the current Andorran legislation, GALLERY’S liability for any product purchased on the platform will be limited to the purchase price of the item.

GALLERY cannot be held responsible for any indirect damage or loss of profits incurred by the client.

In addition, clients are protected by Andorran consumer protection legislation.

2. FORCE MAJEURE

In the event of force majeure, GALLERY cannot be held liable for damages resulting from the violation of the Terms and Conditions and, in particular, for delivery delays.

Force majeure includes, among other things, any act or event beyond GALLERY or the client’s control. For example: strikes that affect the delivery of products, lockouts, a fire on GALLERY’S premises, stolen property that affects the products or makes it impossible to use GALLERY’S premises, problems that arise if GALLERY, or someone acting on their behalf attempts to enter the client’s house while trying to deliver an order.

18. PARTIAL INVALIDITY

If for any reason, the Terms and Conditions established for the products, Privacy Policy as well as GALLERY’S Reservation Terms and Conditions are found by competent authorities to be invalid and non-compliant, the Terms and Conditions will remain in effect and unaltered by the declaration of invalidity.

19. MODIFICATION

GALLERY reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage the client to review these Terms and Conditions whenever they use this platform.

20. APPLICABLE LEGISLATION

These general Terms and Conditions are governed by the Principality of Andorra’s laws and are subject to the non-exclusive jurisdiction of the Andorran courts. However nothing in this clause affects the client’s rights, which have been recognized by the legislation.